Intellectual Property

Recent Posts

Supreme Court Issues Split Ruling In Fair Use Copyright Dispute
Posted on 13 Dec 2010 by Melissa Ritti

WASHINGTON, D.C. -- (Mealey's) A divided U.S. Supreme Court on Dec. 13 allowed to stand a Ninth Circuit U.S. Court of Appeals ruling that the Copyright Act's first-sale doctrine does not apply to goods lawfully manufactured abroad and then sold... Read More

Oprah “Owns Fair Use” in Trademark Lawsuit Involving O Magazine and Headline Phrase "Own Your Power"
Posted on 29 Mar 2012 by Travis Burchart

On March 6 th , the Southern District of New York dismissed a trademark lawsuit filed against Oprah Winfrey, holding that Oprah's use of the phrase "Own Your Power" did not infringe plaintiff's trademark. The court held that Oprah's... Read More

Oprah “Owns Fair Use” in Trademark Lawsuit Involving O Magazine and Headline Phrase "Own Your Power"
Posted on 29 Mar 2012 by Travis Burchart

On March 6 th , the Southern District of New York dismissed a trademark lawsuit filed against Oprah Winfrey, holding that Oprah's use of the phrase "Own Your Power" did not infringe plaintiff's trademark. The court held that Oprah's... Read More

The Righthaven lawsuits: What is fair use of online publications?
Posted on 4 Mar 2011 by Jeff Neuburger

By Jeff Neuburger of Proskauer Rose LLP Righthaven LLC is an intellectual property enforcement firm that was formed by a group of copyright attorneys and Stephens Media , the publisher of the Law Vegas Review-Journal. The company has been making... Read More

Sheppard Mullin Richter & Hampton LLP: Rastaman Vibration
Posted on 5 Mar 2012 by Sheppard, Mullin, Richter & Hampton LLP

By Sheppard Mullin The appeal in the case of Cariou v. Prince [ enhanced version available to lexis.com subscribers ] is shaping up to be the biggest visual arts copyright case in many years. It will likely result in guidance on what qualifies as a... Read More

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - Cariou v. Prince, USDC S.D. New York, March 18, 2011
Posted on 31 Mar 2011 by Jonathan Zavin

By Jonathan Zavin of the firm Loeb & Loeb LLP Click here for a copy of the full decision. Court holds that defendant's use of plaintiff's photographs to create "appropriation art" is not a fair use because it does not... Read More

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - Cariou v. Prince, USDC S.D. New York, March 18, 2011
Posted on 31 Mar 2011 by Jonathan Zavin

By Jonathan Zavin of the firm Loeb & Loeb LLP Click here for a copy of the full decision. Court holds that defendant's use of plaintiff's photographs to create "appropriation art" is not a fair use because it does not... Read More

Print Disabilities Support Fair Use Judgment in New York Copyright Case against Universities’ HathiTrust
Posted on 5 Nov 2012 by Travis Burchart

Recently, the Southern District of New York granted defendants summary judgment in a copyright case attacking the HathiTrust Digital Library (HDL). The HDL, which houses digitized works from university libraries, is used for: (1) full-text searches;... Read More

Vogt on Fiction and Fair Use in the Internet Age: When Rights Collide
Posted on 23 Sep 2009 by M. Diane Vogt, J.D.

In Salinger v. Colting , 2009 U.S. Dist. LEXIS 56012 (S.D.N.Y. July 1, 2009) , reclusive and fiercely protective novelist J.D. Salinger enjoined copyright infringement and common law unfair competition of The Catcher in the Rye and character infringement... Read More

Tags: Fair Use

On the Frontlines of Fair Use: Library Association Publishes Code of Fair Use Best Practices
Posted on 25 Jan 2012 by Copyright & Trademark Law Community Staff

The Association of Research Libraries recently published a document entitled Code of Best Practices in Fair Use for Academic and Research Libraries . The document is a code of fair use practices to be used by the academic and research library community... Read More

Tags: Fair Use

The Abortion Debate and Copyrights: Family Planning Clinic’s Infringement Complaint Attacks Anti-Abortionist’s Use of Copyrighted Material Spliced with Graphic Images - FREE DOWNLOAD
Posted on 18 May 2011 by Travis Burchart

On May 12 th , Northland Family Planning Clinic, Inc. filed a copyright action against the Center for Bio-Ethical Reform (CBR). Northland provides reproductive healthcare to women, including abortions. The CBR, a California non-profit, opposes abortions... Read More

Ballard Spahr LLP: GSU Scores a Victory for Academic Fair Use in Landmark Copyright Case
Posted on 23 May 2012 by Ballard Spahr LLP

By members of the Intellectual Property Litigation Group In a landmark decision on the nature of copyright law in the digital age, a federal judge in Atlanta has ruled in favor of officials at Georgia State University on nearly all the copyright infringement... Read More

On the Frontlines of Fair Use: Library Association Publishes Code of Fair Use Best Practices
Posted on 26 Jan 2012 by brian.scanlon placeholder

The Association of Research Libraries recently published a document entitled Code of Best Practices in Fair Use for Academic and Research Libraries . The document is a code of fair use practices to be used by the academic and research library community... Read More

Tags: Fair Use

Sheppard Mullin Richter & Hampton LLP: Rastaman Vibration
Posted on 5 Mar 2012 by Sheppard, Mullin, Richter & Hampton LLP

By Sheppard Mullin The appeal in the case of Cariou v. Prince [ enhanced version available to lexis.com subscribers ] is shaping up to be the biggest visual arts copyright case in many years. It will likely result in guidance on what qualifies as a... Read More

South Park and the Butt Song: A Marriage Made in Fair Use Heaven
Posted on 25 Jul 2011 by Travis Burchart

Even the oddest compositions deserve copyright protection. But in a similar vein, even the oddest compositions beckon parody. Which brings us to the song, What What (In the Butt) . Which then brings us to the animated television show, South... Read More